CRS: Vienna Convention on Consular Relations: Overview of U.S. Implementation and International Court of Justice (ICJ) Interpretation of Consular Notification Requirements, May 17, 2004

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Title: Vienna Convention on Consular Relations: Overview of U.S. Implementation and International Court of Justice (ICJ) Interpretation of Consular Notification Requirements

CRS report number: RL32390

Author(s): Michael John Garcia, American Law Division

Date: May 17, 2004

Abstract

In accordance with the Vienna Convention on Consular Relations (Vienna Convention),1 a multilateral international agreement designed to codify customary international practice concerning consular relations, the United States has pledged to inform detained foreign nationals of their right to have their respective consular offices notified of their detention. In practice, this obligation has not always been fulfilled, and questions have arisen as to what, if any, legal remedy is owed to foreign nationals who are not informed of their right to notify their consulate. U.S. courts have split on the issue of whether the Convention creates individual rights for affected foreign nationals, although in most cases U.S. courts have denied foreign nationals relief from Convention violations on either procedural or substantive grounds. On March 31, 2004, the International Court of Justice (ICJ) issued a ruling in the case of Avena and Other Mexican Nationals (Mexico v. United States of America)2 that clarified State notification obligations under the Vienna Convention, and additional measures may be required if the United States intends to comply with the ICJs ruling.